The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 12 If a worker of an employer who should participate in the overall planning of industrial injury insurance according to law suffers personal injury due to an industrial accident, and the worker or his near relatives bring a lawsuit to the people's court, requesting the employer to bear the civil liability for compensation, they shall be informed to handle it in accordance with the provisions of the Regulations on Industrial Injury Insurance. The people's court should support the claim that the personal injury of workers was caused by a third party other than the employer.

Theoretically speaking, if a worker suffers work-related injuries due to the infringement of a third person, then the worker can claim compensation for work-related injuries from the third person and unit.

2. However, the implementation varies from place to place. At present, Beijing's policy cannot be copied, and the principle of compensation for work-related injuries in lawyers' harbor is implemented. Opinions of Beijing Higher People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Identification (Trial) 12. Industrial injuries caused by motor vehicle accidents shall be handled in accordance with the Road Traffic Safety Law and other relevant laws and regulations. Motor vehicle accident compensation has paid medical expenses, nursing expenses, disability equipment expenses, lost time expenses, funeral expenses and other expenses, and the industrial injury insurance agency will no longer pay the corresponding treatment. Motor vehicle accident compensation has paid death compensation or disability living allowance, and no one-time industrial injury insurance subsidy or one-time disability subsidy will be issued. However, if traffic accident compensation is lower than the one-time industrial injury insurance subsidy or one-time disability subsidy, the industrial injury insurance agency will make up the difference.

If the injured employee can't get compensation for the motor vehicle accident due to the escape of the motor vehicle accident or other reasons, the industrial injury insurance agency shall provide industrial injury insurance benefits in accordance with the Regulations on Industrial Injury Insurance and other relevant provisions, as proved by the competent authority.

When requesting traffic accident compensation, you can apply for work-related injury identification and claim compensation for work-related injuries.

2. Compensation for traffic accident injuries: According to the Regulations on Handling Road Traffic Accidents, those responsible for traffic accidents shall bear corresponding liability for damages according to their traffic accident responsibilities.

The scope of damages includes: medical expenses, lost time, hospital food subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. It also caused disability compensation, disability equipment fees, and spiritual comfort; Death is also caused by death compensation and living expenses of dependents. The compensation items are determined according to the actual situation, and the expenses are settled at one time.

You don't know whether the disability you are talking about is a traffic accident disability or a work-related injury disability. If the traffic accident disability is Grade II, the disability compensation is 90%×20 years, that is, 18 years.

Three. Compensation for industrial accidents:

1, identified as work-related injury

Materials to be submitted when applying for work-related injury identification:

Necessary materials

(1) industrial injury identification application form;

(2) Proof of the existence of labor relations (including factual labor relations) between the casualty and the employer;

(3) Medical diagnosis certificate (including initial diagnosis) or occupational disease diagnosis certificate (or occupational disease diagnosis certificate).

Related material

(1) If he is injured by violence while performing his duties, submit the certification materials issued by the public security administrative department or the people's court;

(2) If an accident occurs during work-related injury or work-related going out, the employer shall issue a certificate of going out to work;

(3) If it is a motor vehicle traffic accident, submit the evidence of the accident responsibility conclusion issued by the public security administrative department;

(four) in the rescue and disaster relief and other activities to safeguard national interests and public interests, submit the certification materials issued by the relevant departments;

(5) If the old injuries of demobilized soldiers who are disabled in the line of duty or because of war recur, submit the Disabled Revolutionary Soldiers' Certificate and the proof materials for diagnosing the recurrence of old injuries in designated hospitals;

(6) Where an application is entrusted to another person, the identity certificate of the principal shall be submitted at the same time;

(7) other special circumstances need to submit proof materials.

2. Apply to the labor department for work-related injury identification and disability identification of the injured.

I hope I can help you. There are necessary evidence materials on it.